BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 105
Author: Committee on Budget
As Amended: August 27, 2013
Consultant: Mark Ibele
Fiscal: Yes
Hearing Date: August 29, 2013
Subject: This is the active transportation budget trailer
bill for 2013-14. It contains necessary changes to enact
modifications for purposes of the Budget Bill for 2013-14.
Summary: This legislation addresses changes to certain
transportation programs by consolidating several separate
programs into a consolidated program that addresses active
transportation. The proposed Active Transportation Program
(ATP) would bring together all or portions of five existing
programs, consisting of the federal Transportation
Alternatives Program, (which includes the Recreational
Trails Program), the state and federal Safe Routes to
Schools programs, the state Environmental Enhancement and
Mitigation Program, and the state Bicycle Transportation
Account.
Current Law: Under current law, California has established
funds and programs that address bicycling, walking, and
other forms of human-powered transportation. These
programs are funded at approximately $139.9 million
annually through both state and federal sources. The
specific programs are:
1. The Bicycle Transportation Account (BTA) is a
program providing state funds for city and county
projects that improve safety and convenience for
bicycle commuters. Projects must be designed and
developed to achieve the functional commuting needs
and the physical safety of bicyclists. Local agencies
first establish eligibility by preparing and adopting
a bicycle transportation plan approved by the local
agency's regional transportation planning agency.
Projects may include new bikeways serving major
transportation corridors, removal of travel barriers
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to potential bicycle commuters, bicycle-carrying
facilities on public transit vehicles, elimination of
hazardous conditions on existing bikeways, and
improvement and maintenance of bikeways.
2. Safe Routes to School consists of the state Safe
Routes to School (SR2S) and the federal Safe Routes to
School (SRTS) programs. Federal and state components
differ in some respects, but both programs are
intended to achieve the same basic goal of increasing
the number of children walking and bicycling to school
by funding projects that improve safety and remove
barriers. Those barriers include lack of
infrastructure, unsafe infrastructure, and the lack of
programs that promote walking and bicycling through
education. SR2S and SRTS are intended to improve
safety and establish initiatives that promote walking
and bicycling within a collaborative community
framework. Projects could include sidewalk, curb and
gutter construction, crosswalk and signal upgrades,
multi-use paths and trails, intersection safety
improvements, median upgrades, and other
infrastructure investments. The program also includes
non-infrastructure aspects, such as education and
community outreach.
3. The Environmental Enhancement and Mitigation (EEM)
Program was established in 1989. The program allows
for the allocation of $10 million annually to local,
state, and federal agencies, and nonprofit
organizations for grants to mitigate the environmental
impacts of modified or new public transportation
facilities. Funding is provided in the following
categories: a) Highway Landscaping and Urban Forestry
projects designed to offset vehicular emissions of
carbon dioxide through planting of trees and other
suitable plants, within or outside the right-of-way of
a related transportation facility; b) Acquisition of
Resource Lands, including the acquisition, restoration
or enhancement of resource lands that protect or
enhance ecosystem watershed or other statewide natural
resources priorities. These lands mitigate the loss
of, or the detriment to, resource lands laying within
or near the right-of-way acquired for transportation
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improvements; c) Roadside Recreation projects
providing for development of roadside recreational
opportunities such as, roadside rests, scenic
overlooks, 'sno-parks,' trails, trailheads, and parks;
and d) Mitigation Projects that mitigate the impact of
proposed transportation facilities or enhance the
environment, where the ability to effectuate the
mitigation or enhancement measures is beyond the scope
of the lead agency responsible for assessing the
environmental impact of the proposed transportation
improvement.
4. The Recreational Trails Program (RTP), as part of
the federal Transportation Alternative Program,
provides funds to states to develop and maintain
recreational trails and trail-related facilities for
both non-motorized and motorized recreational trail
uses. The RTP is an assistance program of the
Department of Transportation's Federal Highway
Administration. Federal transportation funds benefit
recreation, including hiking, bicycling, in-line
skating, equestrian use, cross-country skiing,
snowmobiling, off-road motorcycling, all-terrain
vehicle-riding, four-wheel driving, or use of other
off-road motorized vehicles.
The 2013 Budget Act adopted language within each of the
programs indicating that funds appropriated for these
programs would not be available for expenditure until the
Secretary of Transportation convenes a working group
regarding active transportation and until legislation is
enacted that creates a new program to promote active
transportation. Active transportation is defined as human
powered transportation.
Proposed Law: The bill establishes a consolidated Active
Transportation Program that would focus on encouraging use
of active modes of transportation, including walking and
biking. The bill also expresses the intent of the
Legislature regarding the funding of various other programs
and makes various fund shifts. Specifically, the
legislation:
1. Consolidates programs and funding for the Bicycle
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Transportation Account, state and federal Safe Routes
to Schools programs, and portions of the Environmental
Enhancement and Mitigation Program and Recreational
Trails Program, and establishes the Active
Transportation Program (ATP) within the Department of
Transportation (Caltrans). Expresses the intent of
the Legislature that the new program meet goals that
include: increasing the proportion of trips
accomplished by bicycling and walking; increasing
safety and mobility of non-motorized users; advancing
active transportation efforts of regional agencies to
achieve greenhouse gas reduction; enhancing public
health; ensuring disadvantaged communities fully share
in program benefits; and funding a broad spectrum of
types of projects.
2. Establishes that the ATP is funded by annual
appropriations in the state budget act with 100
percent of federal Transportation Alternative Program
(TAP) funds (except for amounts of Recreational Trails
Program [RTP] funds appropriated to the Department of
Parks and Recreation [DPR]); $21.0 million of Highway
Safety Improvement funds or other federal funds; State
Highway Account (SHA) funds as appropriated in the
annual budget act; and other funds and resources as
may become available.
3. Directs that funds received in the ATP be
distributed as follows: 40 percent to metropolitan
planning organizations in urban areas with populations
of greater than 200,000 in proportion to their
relative population, awarded through a competitive
process; 10 percent to small urban and rural regions
with populations of 200,000 or less for projects
competitively awarded by the California Transportation
Commission (CTC); and 50 percent competitively awarded
by the CTC on a statewide basis. For multicounty
planning agencies, the multicounty planning agency
would consult with the county transportation agencies,
the CTC and Caltrans as part of the selection process.
4. Directs the CTC to develop guidelines for project
selection in consultation with a designated ATP
workgroup, which would be formed to provide guidance
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on development of program guidelines, schedules and
procedures, project selection criteria, performance
measures, and program evaluation. The ATP workgroup
is to be comprised of representatives of government
agencies and stakeholder groups. Guidelines shall be
adopted within six months following the enactment of
ATP legislation.
5. Establishes that the guidelines shall be a complete
statement of policies and criteria that the CTC will
use in selecting projects, including project
eligibility, application timelines, application rating
and ranking criteria, project monitoring, reporting
and transparency and performance measurement. The
guidelines will include a process that ensures that no
less than 25 percent of overall ATP funds benefit
disadvantaged communities, as defined in the
guidelines. The guidelines will be adopted by the CTC
following at least two public hearings and may be
amended after conducting at least one public hearing.
6. Specifies that guidelines for project eligibility
could include, but not be limited to: development of
new or improvements to existing bikeways and walkways,
bike parking or carrying facilities, traffic control
and intersection improvements, elimination of
hazardous conditions for active transportation,
recreational trail improvements, safe routes to
schools projects, and educational or other
non-infrastructure programs that increase active
transportation.
7. Provides that the guidelines for project selection
shall include, but not be limited to, the following
criteria: demonstrated need of the applicant,
potential for reducing active transportation-related
accidents, potential for increasing active
transportation, identification of safety issues,
identification of new routes for walking and biking,
public participation process, benefit to disadvantaged
communities, cost-effectiveness, adoption of various
active transportation plans, use of California
Conservation Corps, and other factors such as
environmental aspects. The CTC may adopt separate
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guidelines for the state and regions, and collaborate
with DPR for projects funded by federal funds in the
RTP. The CTC will also form an advisory group to
assist with project applications.
8. Indicates that the guidelines for the use of TAP
funds or other federal funds will meet federal
requirements and may include incentives intended to
maximize the potential for attracting additional
funds. Contains a legislative finding and declaration
that the ATP constitutes a highway purpose under the
California Constitution and justifies the expenditure
of highway funds on the selected projects.
9. Requires the CTC to report to the Joint Legislative
Budget Committee on its draft guidelines. The CTC
must also include in its annual report a list of
projects selected, breakdown of types of projects
funded, data on awards to disadvantaged communities,
and-in its 2015 report-an evaluation of the program.
Background: Changes to the existing programs that address
active transportation was proposed by the Administration as
part of the 2013 Governor's Budget. The proposal was not
adopted by the Legislature and no alternative compromise
proposal was reached prior to the adoption of the 2013
Budget Act. The budget bill language in the 2013 Budget
Act designating a process to adopt legislation was designed
to further discussions for a new active transportation
program. The bill is the result of extensive discussions
involving the Legislature, administration and stakeholders.
Fiscal Effect: The proposal would consolidate funding for
several existing programs into a single program for active
transportation. There would be no change in the aggregate
level of funding.
Support: NA
Opposed: NA
Comments: The consolidation of existing separate programs
is intended to add additional flexibility to the program,
facilitate projects that cross over various active
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transportation activities, allow for funding of larger more
comprehensive projects, and streamline the application and
approval process. Budget bill to be considered by the
Legislature includes language that addresses amounts set
aside for safe routes to school projects for the current
year and the two years following.
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